United States v. Erskine (Johnson), No. 12-921 (2d Cir. 2013)
Annotate this CaseDefendant appealed from the district court's grant of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2) pursuant to Amendment 750 of the Sentencing Guidelines. The court held that the district court did not err in declining to apply a downward variance to sentence defendant below the reduced Guidelines range. Under U.S.S.G. 1B1.10, the district court did not have discretion to apply the variance to which defendant asserted he was entitled. In spite of defendant's arguments to the contrary, U.S.S.G. 1B1.10 bound the district court, was a valid exercise of the Commission's authority, and did not violate the Administrative Procedure Act's (APA), 5 U.S.C. 500 et seq., requirements for the promulgation of formal rules. Accordingly, the court affirmed the judgment.
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